III PZP 5/02
AI generated
Bankruptcy does not suspend labor reinstatement proceedings; the case continues against the trustee.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that declaring a company bankrupt does not require suspending labor reinstatement proceedings under Article 174 § 1(4) of the Civil Procedure Code. The plaintiff sought reinstatement after being dismissed, while the employer claimed suspension was necessary due to bankruptcy proceedings. The court held that the dispute concerns the employee's claim, which remains actionable against the bankruptcy trustee rather than the insolvent entity.
Legislator headnote
AI generatedArt. 174 § 1 pkt 4 k.p.c.; Art. 20 § 1, Art. 59, Art. 90 up. p. When a debtor's bankruptcy is declared, labor reinstatement proceedings must continue against the trustee and do not require suspension.
Keywords
AI generated
bankruptcy declaration
labor reinstatement
civil procedure code
bankruptcy trustee
suspension of proceedings
insolvency proceedings
employment dispute
Cited Legislation
AI generatedArt. 174 § 1 pkt 4 k.p.c.
Art. 20 § 1 up. p.
Art. 59 up. p.
Art. 90 up. p.
Art. 161 § 2 up. p.
Art. 165 up. p.
Art. 47 k.p.